How does the USPTO handle patent applications with missing essential information?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The USPTO handles patent applications with missing essential information by typically rejecting them under the enablement requirement of 35 U.S.C. 112(a). If crucial information is missing, the application may not enable a person skilled in the art to make and use the invention without undue experimentation.

MPEP 2164.06(a) provides guidance on this issue:

“A disclosure that does not meet the enablement requirement may be rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, for lack of enablement.”

The examiner will evaluate the application to determine if the missing information is essential and if its absence would require undue experimentation to practice the invention. If so, a rejection will be issued, giving the applicant an opportunity to amend the application or provide arguments against the rejection.